Overview

• Canada filed a factum urging the Supreme Court to allow review of repeated or prolonged use of Section 33 and to permit declarations that rights have been violated even when a law cannot be struck down.
• Ottawa argues continual overrides can cause an “irreparable impairment” of rights and amount to indirectly amending the Constitution.
• Quebec, Alberta and Ontario filed opposing arguments defending broad use of Section 33, with Alberta calling it a “hard‑fought and hard‑won compromise” and Ontario saying limits would be a backdoor constitutional change.
• The top court’s hearing on Quebec’s Bill 21 will be the first in-depth review of the notwithstanding clause in nearly four decades, and no date has been set.
• A leaked Alberta memo says officials were directed to draft legislation to invoke Section 33 for three transgender‑related laws, with a cabinet proposal targeted for Oct. 21, as court fights continue over a paused youth health measure, an in‑effect school pronoun rule, and a girls’ sports ban.